VOL. XVI., NO. 52 WILMINGTON N. C TUESDAY, MAKCH 1903. PRIOK 5 OKNTS LEGISLATURE Proceedings of the State Senate and House Yesterday THE DIVORCE BILL A Larse If amber of Bills Were Rati fied in the Senate Nearly all the Session of the Home Was Devoted ' 7. to a Discussion of the Divorce Bill, and It Passed Second and Third Readings The Committee on Rail roads Had Before It the Question f Free Passes Dronsht Up by Sen ator Travis Bill House Judiciary Committee Gave Hearing to Mor ton's Bill and They Decided to Un favorably Report the Bill Night Session of Both Branches. (Special to The Messenger.) Raleigh, N. C, March 2. In the sen ate today bills were introduced to pro hibit killing deer in Cumberland. Bla den and Robeson. The school law was made a special order for tomorrow. 102 bills were ratified. Bills passed as follows: To Incorporate the Oxford Savings bank. To establish stock law in Bellevoir township, Pitt county. , . To incorporate the Southport and North westrn railway. To allow Lenoir, Jones and Onslow counties to build a road from Kinston to Jacksonville. To establish graded schools at Ply mouth To allow the voters of Richmond county to vote on the issue of road bonds. To establish stock law In parts of Beaufort. To prohibit the manufacture and' im portation of liquor in Cleveland, Gas ton, Catawba and Mitchell counties. The senate went into cqmrnittee of the whole on the revenue bill. Section 8, requiring the inheritance tax to be paid two years after the death of the deceased, with 6 per cent, interest was amended by adding "unless the pay ment is prevented by litigation of the said estate." The House. In the house bills were introduced as follows: To incorporate the Albermarle Light and Water Company.- To incorporate the Lenoir and Yad kin Valley Turnpike. To provide for working Sampson roads. To provide for election of stock law In Northampton. To repeal the laws relating to the de fence of officers and persons on fed eral court. To amend Pamlico's fish law. To provide for separate indexing of conveyances. To add eanals and turnpikes to public works under the supervision of the :board of internal improvements. To Incorporate the Baptist Ministers Annuity Association. Hills; passed as follows To protect oysters, clams and ter rapins In Brunswick. To amend the rules governing the demurrage, in the matter of placing of ton's amendment to insert the word "seasonable" before the word "rules" -wherever it occurred in, the bill was lost. Nearly all the session was devoted to a discussion of the divorce bill, rela- , tlve to the time limit for the re-marriage of divorced persons, by providing that abandonment for two years shall be cause for divorce, neither party to marry In five years. Davidson said -such a departure from the laws of a 15 years standing was dangerous. Bill -passed second reading, 58 to 45, and third reading, 57 to 42. Parker of .Wayne, sent up an amend ment to his bill to establish the North Carolina Industrial School, by substi- ntln rr Vi tTry ?t- or" v7- v tit- v1 "Industrial." The amendment was adopted, as was also an amendment making the amount to be paid annually toy the county for the maintenance of each child sent there $72 instead of $100. This was adopted and the bill was re ferred to the appropriations commit tee. V -Bills passed as follows: Providing for the registration of trained nurses. To give electric light arid power com- tallica ic oaiiic jjuvvcio ttiiu llguis ut condemnation as telephone and tele- existing "action. To prohibit the shooting of wild fowl fin uurriLUCiv ajiu uie ncugiug ui nsa m . Senator Hoey'a Bill. Today the senate committe on'elec1- 11... a. .a . Hn tTntxir'a Mil which it will favorably report tomor- The "bill fixes the time for county commissioners to grant poll tax ex-emotion- this having to be done prior to May, 1st, to entitle such a person to vote. The present law did not make f this, matter plain, and this fact cuts .Quite. a figure In the contested election ; congressional district; v '" . Revenue Bill. When the revenue bill was before the aehate today and it reached section 22 -requiring tax payers to show hia in (Continued on Fifth Page.) i REFUSES UTLEV BAIL. Prisoner Appeals from Decision of the Conrt Appeal to he Heard by Pall Bench. (Special to The Messenger.) Raleigh, North Carolina. March 2. Late yeste'rday afternoon, Edward L. Utley. convicted of murdsring Theo dore Hollingsworth. was brought here from Fayetteville and lodged in jaiL Today he had a hearing before Asso ciate Justice Piatt D. Walker, on his application for bail under habeas cor pus proceedings. The' first point in the proceedings was a legal one, name ly, whether Utley. having been tried for murder, and convicted of a less' of fence than the first degree, and having perfected an appeal to the supreme court, is entitled to bail, pending ap peal. This is an open question under the statute dividing murder into two degrees, though the supreme court has in the 120th reports decided that a de fendant appealing from a verdict of less .than murder-in the first degree, should he be awarded a new trial will be tried the second time for the original of fence, thai is first degree. The next point was that the judge might pass upon th sufficiency of thf state's evi dence as to murder in the" first degree, and in his discretion should grant or refuse bail, according to the view he took of the evidence. Utley was ac companied by his uncle, Herbert Lut terloh, and by his attorney Thos. H. Sutton. The state was represented by H. L. Cook, and' N. A. Sinclair. The hearing was had at the supreme court room. At request of Judge Walker, Judge Connor sat with him in this case. After hearing the argument, Judge Walker this evening rendred a decision dismissing the proceeding and declining to admit Utley to bail, "toting that no proper grounds had been shown for allowing - bail to be given. Judges Walker and Connor held that there was not sufficient cause shown to entitle the pri?oner to bail. The pris oner appealed from the decision of the court. N. A. Sinclair made the point for the state that the judgment of a court in habeas corpus ceases and was not appealable. Judge Walker said he understood this to be law. but wished to give 'the prisoner the benefit of ap peal in the record. The case will be heard when on appeal oh the 17th inr stant by a full bench. CHARGES AGAINST WORTMAN. Five Specifications in General Charge of Culpable Negligence. Washington, March 2. Five specifi cations are contained in the general charge of "culpable inefficiency in the perlormance of duty" preferred against Ensign K. Wortman, who Is to be tried by court-martial at Pensacola Fla., next week, for alleged responsibility for the accident on the Massachusetts some-weeks ago. in which nine men were killed by the explosion of an eight inch gun. Briefly it is charged that the ensign ordered the breech of the gun to be opened, for the purpose of returning electrical fire while the lock remained cocked; that he failed to exercise due precaution in returning to electrical firing; that he was guilty of negligence In failing to cause the bolt of the gun to be eased down before ordering the breech opened; that he was guilty of "culpable negligence," in allowing the target practice to be conducted while the lanyards used in firing the gun by percussion were led out and hooked to the triggers of the combination locks and finally that he ordered the breech of the eight inch gun to be opened without .assuring himself that the breech of the left gun was closed. An American Ordered Dresden. to Leave Dresden. March 2. T. O. O'Brien, an American dentist has been ordered to leave the kingdom on account of his supposed relations with the former Crown Princess Louise. He will leave Dresden Wednesday and will sail with his wife and four children for America on Thursday. The police at first order ed him to leave Saxony within twenty- four hours, but the court extended the time so as to permit Mr. O'Brien to settle up his affairs. ;r" The Saxon' government has notified the other governments of Mr. O'Brien's expulsion, making it under royal cour tesy impossible for him to reside in Germany or Austria. Receiver Appointed for Cumberland Chattnooga, Tenn., March 2. A pe tition in voluntary bankruptcy was filed In the federal court here today by the Central Manufacturing Co , and others-against the Cumberland Coal and Coke Co., whose mines ere at Cross ville.-Tenn. The company was capital ized under the laws of New Jersey. A receiver wag appointed for the company In November, 1902. to wind up Its af fairs, but the creditors who' filed the petition today claim that no progress has been made toward that end. The petitioners also complain that the reJ without giving notice to the company's creditors. Iowa . Monuments to be Erected at Chick&maugav Chattanooga, Tenn., March 2. The Iowa monument commission has ad vised the Chickamauga Park colnmis sion that the contracts for the three Iowa monuments, to cost $32,000 have been awarded to the VanAmringe Com pany of "Boston. The monuments will be 'erected at the f ollbwlng points in the Chickamauga Park reservation: One at Rossville, Gap, on Mlssonary Ridge, to the memory - of Osterhaus Brigade; one . near th Moon Place on Missionary Ridge, and. another at the Cravens place on Lookout mountain. President lilncoln's Private Secre . ' tary Dead. .-Jr-i' ' l"'j, i" tr- " --- '.'-'' r" .. - - : Mount Zlon, Ga,- March 2: Dr. Jas. Mitchell, private secretary to President Lincoln, during the war between the states, -Ss dead here : Mr. CMitchell was 85 years of aye, HAVE AGREED Delaware Legislature Fi nally Elects Two U. S. Senators Allee and ball For the First Time In Four Years Delaware Has at Last Secured Full Representation In The United States Senate After Weeks of Vain Efforts to Reach Agreements Be tween Different Factions and Dif ferent Parties, the Union and Reeralar Republicans Finally Agreed on Terms The Loner Term Senatorship Goes to J. Frank Allee, a Union Republican, and the Short Term to Congressman Ball, a Reg ular. Dover, Del., March 2. For the first time in four years, the state of Dela ware has secured full representation in the United States senate. At a special session, the state . legislature elst ced state Senator J. Frank Alle, Union le publican to the senatorship which ex pires in 1907 and'Congressm.-m T. H.is ler Ball, regular republican, '.to the term expiring in 1905. The election w is undoubtedly due to pressure from Washington brought to bear upon the regular republicans in the legislature who all along were opposed to the elec tion of J. Edward Addicks or any of his adherents to the United States senate Congressman Dick, of Ohio, came to Dover today in the interest of republican -. harmony. He established headquarters at the Hotel Richardson, where, prior to the joint session of the legislature he received a delegation from each republican faction. He ad vised the acceptance by the regular re- rmhliir5ina nf thta TTninn i-ckniihlir-nrva proposition agreed upon in PMlade.'phi I -. r" Saturday that a union republican be elected to the long term senatorship j and a regular republican for the paort term. Addicks himself beins eliminated. Anticipating the liklihfcod of an agreement betwreen the republican fac tions. Democratic State Chairman Sal isbury presented a proposition to ihe regular republican's agreeing to use his influence for the election with the ie publicans, of two republicans for the United States senate. A compromise was affected between regular republicans and the Addicks Union republican forces, resulting in the selection of a senator from each faction. After the agreement between the union and regular republicans had been reached the Union republican members of the legislature met in caucus ond named J. Frank Allee as their candi date for United States senator. : The democrats in the caucus voted unani mously to vote for one regular republi can, but wrere unable to asree on he proposition to vote for two regular re publicans. In expectation of the set tlement of the senatorial difficulty, pol iticians and prominent men from eveiy section of the state were present at to day's sesssions of the legislature. The election of Messrs. Allee and Ball was announced to an audience that filled the house of representatives to suffoca tion The. appearance of Congressman Dick in the hall was the signal for wild and prolonged applause. During the voting occupied the seat of Rej re sentative Townsend and beside him In the seat of Representative Jones sat Mr. Addicks. The latter evinced m ach satisfaction when the result of the vote announced. The vote was as folia v3: Long term Allee 30; Saulsbury 17; J. H. Mughes, democrat 1; Woodbarn Martin, democrat 1; A. E Sanborn 1; E. W. Tunnell, democrat, 1. Short term- Ball, 31; Kenny, demo crat 19; B. A.' Hazell, democrat 1; E. R. Cochran, Jr., democrat. 1 Mr. Addicks was the first to congrat ulate Senator Allee and he was follow ed by a long line of legislators and spectators, all of whom were anxious to shake the hand of the successful candi date. , The election is regarded here as an Addicks victory, because of the refusal of the regular republicans to agree to a compromise with the democrats. Nominations by the President. Washington. March 2. The president today sent these nominations to the senate: George C. Holt, United States district judge, southern district of New York. Consul Edwin S. Cunningham, Tenn essee at Bergen, Norway. " Postmasters: Louisiana George W. Whitworth, Jeanerett; North Carolina R. W. Smith, Charlotte. - mum Marine Fishery Interests of Florida. . . ...... vulsed the senate by saying that "the today passed a bill authorizing the hsh democratic beenhuncoed by commission to establish in the state the most astute politician In the Uhit of Florida on the Gulf of Mexico, a ed States and that Is Matthew Stanley station for the Investigation of prob-Qua u wa ti bef der Tothe xnarlne fishery restored so . , . i laughter. . He said . that all but two Washington, (March 2. William It. democrats had been led ' by Mr, Quay Day the new associate Justice of tte 'iE? Bi believed had been used for the purpose United States supreme court, sat with of preventing anti-trust legislation. -the court for the first time today) Tha " .In reply Mr. Quay said he was deeply ceremony of Initiation was in accord- ance with the usual practices of the . court. - LITTLE DONE Democrats Continue to Block Legislation in the House THEALDRICH BILL The Senate Passed the General De ficiency Appropriation Bill The Aldrich Financial Bill Taken Up. Immigration and Omnibus Pub lic Building Bills Sent to Confer ence 3Ir. Morgan Discussed the Canal Treaty The House Was in Continuous Session for Thirteen Hours and Made Little Progress. With Many Special Rules, the Dem ocratic Filibuster Programme Causes Work to Proceed Very Slowly. Washington, March 2. The senate today passed the general deficiency bill after four hours consideration and after it had been amended in several particulars. An amendment by Mr. Rawlins calling for an appropriation of $50,000,000 to further the wcrks of irri gating the arid lands furnished mate rial for considerable discussion, Mr. Rawlins contending that the surplus in the treasury could be better, used in this manner than by turning it into the national banks. The amendment was rejected on a point of order. iMr. Tillman criticised the appropria tion of $100,000 for printing, for the de partment of commerce and labor, say ing it was out of all proportion. He likewise critised the appropriation of $30000 for special agents, remarking that it was inadequate. Regarding special agents, Mr. Hale doubted if Sectary Cortelyou could set a force l Ariij i . - ... j -r-. i aturit ueiween pow ana-jjeuerauer large enough and able enough to use up the appropriation of $30,000. And honest enough," interjected Mr. Tillman. An amendment was agreed to provid ing that claims for rebates on tobacco and snuff shall not be paid, unless presented prior to April 1, 1903. The amount appropriated for the payment of the claims was increased to $1,370,000. When the Aldrich financial bill was taken up Mr. Teller continued his re marks begun Saturday. He was fol lowed by Mr . Carmack who replied to some newspaper criticism of a recent speech by him on the subject of mur ders in the Philippines. The paper had referred to some of Mr. Carmack's re marks rearding the army as "atroci ous." Mr. Carmack said he had been misquoted and reiterated his rormer statements that prisoners of war had been murdered in the Philippines arid said that they had gone unanswered. During the course of the day, the conference reports on the fortifications appropriation bill and the Alaskan Homestead bill were agreed to. The Immigration and Omnibus pub lic buildings were sent to conference. After a brief executive session the senate at 6 o'clock took a recass until S o'clock. : A bill was passed to provide for the appointment of a district judge for the western judicial district of South Car olina. The conference report on the agricul tural appropriation bi'.l was agreed to. The Aldrich bill was taken up. Mr. Mallory of Florida, offered an amend ment providing that national bank'ng association shall preserve deposits of public money separate and apart from the other moneys and also providing that on loans of public money a rate of Interest not to exceed four per cent, stiall be charged. The conference report on the immi gration bill was agreed to. Continuing his remarks, Mr. Morgan attacked the trusts and said they were arrogant in stitutions. He criticised the Aldrich bill, saying there was no limit to the amount of money the secretary of the treasury can put in a national bank with a small capital. 'Mr. Morgan spoke for nearly two hours. He was followed by Mr. McLaurln, of Mississippi. Mr. Clay, of Georgia, made a vigorous speech, saying that Mr. Bailey had no right to charge filibustering to men who opposed the Aldrich bill. He pointed out that not to exceed eight hours debate had been given to th's very Important measure. He said the men who had prevented a vote on the statehood bill were responsible for the failure to have more time for this bill. Mr. Tillman was recognized and con- Indebted to MrJ Tlllmanfor his tribute and referred to the action taken last j June, when by unanimous consent thp 1 etatehood bill was made the unfln sh?d business and before the antt-irust agi tation. Mr. Quay declared that he did r.ot put the statehood bill lorward to keel oack trust legislation. Tben the senator from Pennsylvania has been buncoed by the senator from Rhode Island remarked Mr. Tl.lman. causing renewed laughter. Mr. Aldrich said he knew that It was apparent that senators, who " were in tending to talk the financial bill to death were doing to because he and others who thought with him assisted in defeating another m.asure, th statehood bill. "They are trying to pnish us and punish the country," he said. Axr. Carmack contended that It was legitimate to adopt obstructive tactics at this late day on a bill of such Im portance. At 11:55 p. m. the senate ad journed until 11 o'clock tomorrow morning. House of Repreaentatires. From 11 o'clock this mcrnlnj until latft tonight the house struggled labor iously against the democratic filibus ter working steadily to wind up the ne cessary ousiness of the sess o.i. De spite another special rule adopted early in the day legislation proc.edel at a snail's pace. Roll call followed roll call on every proposition. The voices of the reading clerks were wcrn.out by th ceaseless calling of the roll and Rpveral clerks from committees have been drafted to help out. Since TMus Tay last, when the filibuster was inau gurated, there have beenNver sixty roll calls as against fifty-seven for the en tire long session lasting from December 1. 190i to July 2, 1803. The numbe s also show the effects of the heavy strata but they are sticking to teir post3. Tonight the great hall presented a dis hevelled appearance. The floor was strewn with bits of paper, locking as if a snow storm had swept through the hall. In the galleries among the spectators wrere many weary watchers, interested in bills doomed to failure. but still hoping to the end. The pro ceedings were enlivened several times as the leaders of the respective sides crossed swords. Their tempers had not heen sweetened by th-?ir long vigil and frequently the sparks flew., The presentation of the rule to cut oft the filibustering, which adopts th? same methods of sending to conference general bills with senate amendments which have been pursued with refer ence to appropriation bills thus cutting off several roll calls and cats out the demand for the previous question on conference reports was the occasion of a lively debate. Mr. Williams, Mississippi, protested against the course of the republican partisan press in attributing the action of Ihe minority in the house to rev?nee against the unseating of Mr. Butler. He said the country should know that the situation" Was'" broader than that. The democratic minority, he said, was not acting in retaliation; it was teach ing the majority that its right3 must be respected. If reasonable time had i been given to discuss and present that J contested election case, he said, the ml- nority- would not have been under the necessity of pursuing its present course. Every constitutional and parliamen tary privilege, he said, would be em ployed to drive home the democratic protest and if in the 58th congress an attempt was made to deprive a demo crat elected by 66,000 majority of h s seat, the same tactics would be .pur sued. Mr. Grosvenor compared the present situation with that when the democrats in the 53rd congress in" a rulexto con cur in the six hundred senate amend ments to the Wilson tariff bill "in gross". The pretext of the democrats for their present course, he said, was a flimsy excuse. The minority he sa'd, was trying to paraiyze the government, but the majority would not allow It to do so. "We are not paralyzing the govern ment' interposed Mr. Williams, of Mis sissippi. "An extra session could be called and such a session would give congress an opportunity to pass the Littlefield bill." The rule was adopted 162 to 103. The conference report on the Alaskan Homestead bill and the immigration bill were adopted, the Omnibus house building bill and the General deficiency appropriation bill were. sent to confer ence. The Otjen bill to prohibit tobac co dealers from giving prizes, the bill to provide for a delegate from Porto R'co; a bill -to advance Major W. C. Gorgas to the rank of assistant surgeon gen eral and a bill for the relief of Lieuten ant B. F. Hanforth were passed. That was the net result of the session up to 9 o'clock tonight. The house adopted the conference re port on the postoffice and agricultural bills and shortly before midnight, at the end of a continuous session of al most thirteen hours, took a recess until 11 o'clock tomorrow morning. EULOGIZING the: dead. Messrs. Pritchard and Mallory Spealc of the Late Representative Moody. Washington, March 1. The senate spent three, hours today in eulogies of deceased members of the house Messrs. Martin, of Virginia, Gallinger of New Hampshire, Perkins of Cali fornia, Clay of Georgia and Daniel of Virginia, spoke ; of the late Peter J. Otey of Virginia. Messrs. Pritchard of North Carolina, and Mallory of Florida spoke of the late James Moody of North Carolina. . Others spoke of ; the late James H. Tongue of Oregon. 1 v ; " - . At the conclusion of the addresses the several resolutions of regret were adopted and as a further mark of re jspect the senate at 3 o'clock ,adjoarned until tomorrow. . - -z ;. . Confirmations' by the Senate. ; Washington, March 2. Confirmations by the senate: ostmastersc " Mlssls- cf-rmi TnTrn T7. - THftrn - Tithli North! Carolina G. W. Bobbins, Rocky Mount ; A. M. Long-, Rockingham. - . 1 INDIANOLA The Postmaster General Forwards All Papers to the House WHAT IS SHOWN Tne Offlee Was Dlseontlnaed fey tk Administration Because of the AS leered Forced Abandonment of the Offlce by Minnie Cox, the !SRro Wo man Tost mistress A. D. Weeks lias Been Very Insistent in Keep Ills Own Candidacy for the Office Be fore the Administration The Let ters Given, to the Home Do Hot Show Any Proof of Any Threats or Intimidations by the x Indlanolis People. Washington, March 2. Postmaster General Payne today forwarded to the house all the papers in the case of the indianola, Miss., postoffice, winch post office was discontinued by the adminis tration because of the forced abandon ment of the offlce by its negro post mistress, Mrs. Minnie V. Cox. The cor respondence shows that A. B. Weeks, a brother-in-law of Mayor Davis, of In dianola, began his candidacy for the postoffice, as against the negro incum bent as far back as April 7th '1902 when he began sending a long seiles ef let- ters and telegrams to the department.. The papers include an extract from a, letter of a postoffice official, dated Feb- . ruary 23rd, 1903, narrating a conversa tion which, it states, took place' at Biloxi, Miss. In this letter Mayor Davis, ; of Indianola is quoted as saying that if Mrs. Cox should again take chaise of the Indianola postoffice, "she would . get her neck broken inside of twov hOUrS.' . : " " ' :n ..y... . .. .,...,-. On January 3 last John C. Dough ter-" ... 1TI J CMAHM mm I t a. . iy, ujmeu owiea epcciiti til wine ui New Orleans telegraphed to A sistant Attorney General Pradt, at Washing ton, that "there are numerous negro county and municipal officers serving under democratic administrations throughout the southern states." Mayor Davis, of Indiano a, wrote tht" fourth assistant postmaster on January 3rd last, requesting copies of all .etters written the department regarding the postoffice and stated that the postmas ter was requested by all of the citizen to resign; that no threats were made; that she was "perfectly willing" to elve up the office. Fourth Assistant Gen eral Bristow declined to furnish the copies of the letters. ihe correspondence shows that A. I. Weeks wrote the department several letters during last April, in one of which he requested that he be appoint ed at once, and in a letter dated May 30th, 1902 he stated that the was anxious to get appointment, supplementing this on July 2nd with a letter urging his why It should be made. On September 19th, he wrote the fourth assistant post master general that there was a deter mined effort of the people to make tho postmaster resign or give up the office in some way because she is colored and requesting that his application be re membered. On October 9th, Weeks wrote ' th president that he had the assurance of' Mrs. Cox the postmaster "that she wlU forward her resignation in the next few days" and pressing his own application ' on the ground that he was the only -white republican at Indianola. On. De cember 13th he wrote the president that he would be glad to come to Washing ton so that it could be seen how com petent he Is. Six days later he wrote that he was the only good friend tbe administration has among the white people of Indianola and later he forward ed a petition of colored citizens of In dianola and vicinity In behalf of his ap-, pointment. On January 1st he wrote the president that the postmaster had abandoned the office; pressed hls'c'alme for the appointment and said that he would be glad to have the preMient' wire him ' to 'qualify. Later he wrote, the president twice asking that the' postoffice be re-established stating that Mrs. Cox would not take charge of, the office again and urging his own appoint ment. ; -The Daoers lsn show that several other candidates, notably John Shar key Montgomery, 'Mrs. it. D. Watts, Miss Mary Hicks Hogin and Mrs. Lil lian Green, applied for the office In October on the understanding mat Airs. Cox had tendered 'or was about to ten- . der her resignation. Postmaster In spector Johnston at New Orleans wrote the department on December 13th that Indianola ls the county seat of Sun- flower county and that the postal laws and regulations . contemplate that each vruux 1. .iiuuac auu ; uvuuvj crab du suplied with xnaiL Postofflcs Inspec-; tor' Fitzgerald on December 15th sub mitted a detailed report relative to the olmnmt9nia wfifh rflllPd the TeOOt ' of Indianola to order W. W. Cox a rail way postal clerk, and two other persons to leave that place; presumably oa &0 . count of their color. 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